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I think that's the problem, it wasn't posted by her or her husband.
She and her husband were streaming on Chaturbate. Someone archived the videos.
A month after she announced her candidacy, someone took the archived copies and uploaded them.
A little different than if she or her husband did it themselves or if it were automatic. The timing seems retributive.
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Nice job reading the tos.
Public information is not the same as public domain. They still hold the copyright on the streams, making reuploads illegal.
Also, aside from legality, it's simply morally wrong. They consented to be watched once live (or, if they enabled recordings, until they delete the VOD), not for it to be shared around on third party sites forever - regardless what Chaturbate put in their TOS to cover their asses.
Nope. That would make reuploads for profit illegal, reupload for news purposes or because it's of public import are wholely legal.
Morality is subjective but no chaturbate makes it very clear the streams are not private and they do not hold them to be private and anywhere you're specifically told not to expect privacy is public.
Redistributing copyrighted material without permission is not only illegal when it's for profit. What you're alluding to is Fair Use (which does not require to be not-for-profit). And given the four factors of Fair Use, I think you're going to have a hard time arguing in court that uploading the full stream without adding anything constitutes Fair Use.
And I did not say it was not in public. But it was made public intended for one-time, live viewing; and not respecting that is immoral.
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Another thing we agree on. But you do realize that you telling them to go fuck themselves is based on a moral judgement as well?
And again, "[that's] how the internet works" does not make it right.
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And yet you do it, too, because moral considerations are important. And I disagree about moral arguments being weak, btw. You can make strong moral arguments; and there is an entire branch of philosophy about it.
Considering you were so vivid about me alledgly misquoting ealier, it is kind of remarkable that I did not say that.
But even if I did, 'it's not an invasion of privacy' is not a counter to 'it's not right, even if foreseeable' (paraphrasing here).
You mean "comment on a discussion forum"? Because I certainly don't see me being emotional here.
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So? I never said I agreed with Gibson on this. I just stated legal considerations and my opinion on the matter. While it seems from your reply in the other thread that you're having a hard time with this, people other than you a capable of having original thoughts.
Yeah, it's become very clear you don't care whether your replies actual have bearing on what you're replying to. Instead you keep making up stuff I didn't say and accuse me of things you continue to do yourself. It seems a lot like you prefer to live in your fantasy world where you're the strong free-thinking alpha male who has figured the world out, while I'm a "delicate cupcake", "whiny loser", "hyperventilat[ing]", part of the "finger-wagging morality police" who has no clue about politics (nevermind I never talked about the political implications of this at all).
In other words, you continue to not make any actual points, and this is getting boring.
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No, I'm "scared", forgot? WooooOOOOOoooooh
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Ah, so you're scared now? 👻
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Oh, I know, I know, that's "trying to feign disinterest", right?
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Tried and failed.
Please explain the difference between dissemination of information and "tipping off" someone about that information
The same difference as telling someone in which alley they can buy weed and selling the weed yourself
Information isn't a tangible thing, though. The act of "tipping off" is conveying the information. In your example, it's like taking a thing of value and telling someone where they can pick up a bag of weed that happens to be for the price they paid.
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That is not what the Chaturbate TOS says. She did not agree that the content would be public. Users are not allowed to download material off the site.
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In this case dissemination would be a third party posting the video without her consent. "Tipping off" someone about that information is equivalent to sharing a video found online.
"such and such purposefully uploaded this content to this site using their known profile" is not dissemination.